If you were a lawyer drawing breath in summer 2022, you heard about the “victory bell” case. A prominent defense attorney, returning to base camp with a stunning victory after defensing a medical malpractice case, rang his firm’s victory bell and announced, the victim “was probably negligently killed, but we kind of made it look like other people did it.” The comment was captured on video, and the internet did its thing.
A common hot-take was that the video would undo the verdict. But many appellate attorneys scoffed: an attorney’s puff talk after trial, the cooler heads responded, is not a trial irregularity.
Enter Brooke Bove, who wrote the successful new-trial motion in Garcia v. Quraishi that got the judgment vacated. Brooke gives an insider look at trial, and why the defense attorneys reference to an empty chair particularly galled the trial judge.
Bove, an Army communications specialist before becoming an appellate attorney, shares her insights into the case and what is coming next, as well as top legal tips and strategies.
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Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and publishes a newsletter of appellate tips for trial attorneys at www.tvalaw.com/articles. Contact Tim at firstname.lastname@example.org or (714) 641-1232.
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